Holding Major Rail Carriers Accountable for Crossings, Derailments, and Worker Injuries
Railroad collisions in North Dakota produce some of the most severe injuries our firm sees, and the companies behind them rarely accept responsibility without a fight. Pringle & Herigstad has represented motorists, pedestrians, passengers, and rail workers harmed in train accidents since 1909. We have litigated against carriers including C.P. Railway and Burlington Northern Railroad. Our North Dakota train accident attorneys work from offices in Grand Forks and Minot, investigate crashes quickly, and pursue the full compensation injured clients and grieving families are owed under state and federal law.
Why Injured North Dakotans Choose Pringle & Herigstad
Railroad litigation requires counsel from law firms that know the territory, the carriers, and the federal statutes that govern rail injuries. We bring all three.
- More than 115 years representing North Dakotans, with a record of taking on national rail companies
- Direct courtroom experience against C.P. Railway, Burlington Northern Railroad, and other major carriers
- Two offices in Grand Forks and Minot, with attorneys who try cases statewide
- Free initial consultation and contingency-fee representation, no fee unless we recover
- Experienced in handling FELA claims for rail workers and negligence claims for non-workers
- Trial-ready preparation on every case, even when the goal is settlement
Our firm has obtained significant settlements and verdicts for North Dakota clients in personal injury, wrongful death, and oilfield accident cases. We were voted the 2025 “Best Law Firm” in the Minot Daily News “Best of the Best” awards. You receive dedicated attention and work directly with your attorney rather than being passed off.
What Counts as a Railroad Collision in North Dakota?
Railroad collision claims cover far more than train-on-train wrecks. The category includes any incident where a moving train strikes a person, vehicle, or object, or where a train derails and injures bystanders or workers. Common collision scenarios in North Dakota include:
- Grade-crossing crashes between a train and a passenger vehicle, semi-truck, or farm equipment
- Pedestrian and bicyclist strikes near tracks or in railyards
- Train-on-train collisions, including head-on and rear-end crashes
- Derailments that injure crew members, trackside workers, or nearby residents
- Hazardous-cargo releases following a derailment or collision
- Collisions with maintenance equipment, parked railcars, or fallen track obstructions
North Dakota is crossed by major freight corridors operated by BNSF Railway and Canadian Pacific Kansas City. Oil-train and grain-train traffic moves through Grand Forks, Minot, and the Bakken region every day. The volume and weight of that traffic is part of why these crashes injure so seriously.
What Causes Railroad Collisions in North Dakota?
Many railroad collisions are preventable, and a significant number trace back to a decision the railroad, a contractor, or a motorist made or failed to make. Our investigations regularly identify causes such as:
- Excessive speed for track conditions or curves
- Crew fatigue, inattention, or impairment
- Failed or missing crossing signals, gates, or warning lights
- Poorly maintained track, ties, switches, or rolling stock
- Defective brakes, couplers, or signal equipment
- Improperly secured or overloaded freight, including hazardous materials
- Vegetation or visual obstructions at crossings
Whether a collision happens at a rural farm crossing or in the middle of a North Dakota town, it almost always traces back to a safety rule that was ignored or a hazard that was never corrected. When we investigate these crashes, we dig into maintenance records, signal data, crew logs, and conditions at the crossing to pinpoint what went wrong and who should be held accountable.
Who Can Be Held Liable After a Train Crash?
Liability in a North Dakota railroad collision often involves multiple parties. Depending on the facts, responsibility may fall on one or more parties including, but not limited to:
- The rail carrier
- The track owner
- An equipment manufacturer
- A maintenance contractor
- A shipper that loaded the freight improperly
- A motorist who ignored a crossing signal
Identifying every potentially liable party early is one of the most important tasks in a rail case. Federal regulations from the Federal Railroad Administration set safety standards for tracks, signals, and equipment, and a violation that contributes to a collision can be powerful evidence of negligence.
FELA: A Different Path for Injured Rail Workers
Most North Dakota workers injured on the job file claims through Workforce Safety & Insurance, which is the exclusive workers’ compensation system in the state. Railroad workers are different. They are covered by the federal Federal Employers’ Liability Act (FELA), enacted in 1908 and codified at 45 U.S.C. §51.
Under FELA, an injured rail worker must show that the railroad’s negligence played some part in causing the injury, even a slight part is enough. Unlike workers’ compensation, FELA allows recovery for the full range of damages, including pain and suffering, and a worker’s own contributory fault only reduces damages rather than barring them.
The general statute of limitations for a FELA claim is three years from the date of the injury under 45 U.S.C. §56. In cases involving occupational disease or latent injuries, such as cancer caused by toxic exposure, the three-year period begins from the date the worker knew or should have known that the injury was work-related. Specific deadlines depend on the facts of each case.
What Compensation Is Available After a Railroad Collision?
North Dakota law allows injured collision victims and the families of those killed to recover both economic and non-economic damages. The exact mix depends on whether the claim proceeds under FELA, state negligence law, or a combination. Recoverable damages typically include:
- Past and future medical treatment, surgeries, and rehabilitation
- Lost wages and reduced earning capacity
- Pain, suffering, and emotional distress
- Permanent disability or disfigurement
- Property damage
- Wrongful death damages, including loss of support and companionship for surviving family
Wrongful death claims in North Dakota must be filed within two years of the date of death under North Dakota Century Code § 28-01-18. Most other personal injury claims have a six-year deadline under §28-01-16. Acting quickly still matters because evidence at a rail crossing can be lost within days.
What to Do After a Railroad Collision in Grand Forks, Minot, or Anywhere in North Dakota
The hours after a rail collision are critical. The carrier’s claims team is already preserving evidence on its terms. You can take steps to protect your own claim:
- Get medical care immediately, even if injuries seem minor. Internal and head injuries often present hours or days later.
- Report the crash to law enforcement and request the official report when it becomes available.
- Photograph the scene, the crossing signals, the vehicles, and any visible track or equipment damage.
- Get names and contact information for every witness before they leave.
- Do not give a recorded statement to the railroad or its insurer without speaking to an attorney.
- Preserve damaged property, clothing, and any electronic devices that may contain crash data.
Contact a North Dakota train accident attorney as soon as possible. The sooner you involve an experienced rail-crash lawyer, the sooner your attorneys can send preservation letters, secure event-recorder and video data, and coordinate with investigators while the evidence is still fresh. We represent railroad collision victims throughout North Dakota, including Grand Forks, Minot, Fargo, and rural communities along BNSF and other lines, and can move quickly to protect your rights and your claim
Talk to a Pringle & Herigstad Railroad Collision Lawyer Today
You do not have to take on a national rail carrier alone. Since 1909, Pringle & Herigstad has fought for North Dakotans hurt by negligent railroads, and we know what it takes to win these cases. Contact our team for a free, confidential consultation in Grand Forks or Minot. You owe nothing unless we recover for you.
Frequently Asked Questions
How long do I have to file a railroad collision claim in North Dakota?
Most personal injury claims must be filed within six years under North Dakota Century Code §28-01-16, while wrongful death claims must be filed within two years under §28-01-18. Railroad workers filing under FELA generally have three years from the date the injury was discovered. Other exceptions and shorter deadlines may apply depending on the specific facts of your case. These deadlines move quickly when an investigation is needed, so early legal advice is important.
Do I have to use workers’ compensation if I was hurt working on the railroad?
Most railroad workers are not covered by North Dakota’s workers’ compensation system. Instead, FELA gives them the right to sue their employer in court for negligence. FELA recoveries can be significantly larger than typical workers’ comp benefits because they include pain and suffering and full lost wages.
What if a family member died in a North Dakota train accident?
A personal representative can bring a wrongful death action on behalf of the surviving spouse, children, or other close relatives. North Dakota law gives families two years from the date of death to file. Pringle & Herigstad has handled wrongful death claims arising from rail collisions across the state and approaches every case with the seriousness families deserve.